History of Salt Lake City, Part 40

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194

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Territory have been known openly to barter and trade with the Indians for cloth- ing and other articles which they at the time must have known were the spoils and plunder from murdered citizens. These practices have, in my opinion, a direct tendency to encourage these outrages against humanity. I respectfully suggest for your consideration whether any legislation is demanded at your hands to pre- vent these outrages in the future. The presence of a military command here will doubtless have a tendency to prevent many of these horrors.

" I am glad that I am enabled to inform you that the Federal Government has made arrangements to hold treaties with some if not all the tribes of Indians that have so long infested this and neighboring Territories, and it is to be hoped that this will be done at an early day, and the Indian title to the lands therein be speedily extinguished, and such disposition will be made of their former occupants as becomes a great, generous and just Government.

" HOMESTEAD ACT.

"On the ist day of January, 1863, the Homestead Act passed on the 20th May last will go into effect, thereby enabling any person who is of the age of 21 years, or who is the head of a family, or who has performed service in the army or navy of the United States, and who has not been in arms against the United States, or given aid or comfort to the enemies thereof, and has declared his inten- tion to become a citizen of the same, to enter on and take possession of 160 acres of any of the public lands not otherwise appropriated, and by cultivating the same for the term of five years, and paying $10, will, upon the compliance with these conditions, be entitled to a patent for the same. Thus will it be in the power of every loyal citizen to possess a homestead of 160 acres of land, secured from all liabilities from any debts which he may have contracted prior to his patent for the same. When it is remembered that the beneficent act was intended to secure a home to every loyal citizen, on terms so easy and just, its consequences for good cannot well be estimated to the present and future generations. What patriotic devotion does the recipient of this great boon not owe to the Govern- ment that thus shields himself and his family from the possibility of want, if he will make use of the means that God and nature have given him! What should be the character of that loyalty due from the citizens from such a Government -- a Government which enables him at one bound, although ruined in his fortunes, to spring from indigence and poverty to comparative ease and independence ? The Indian title to the lands in our vast territories will soon be extinguished, and they will be open to settlement on the terms above presented. What inducements are there which are not held out to those just beginning life, and who may reason- ably hope to witness thriving cities springing up where the wild Indian now lights his camp fires and pitches his rude lodge !

" When it is also remembered that every rood of land in this Territory will be open to the citizens, upon no harder terms than that they will occupy and cultivate it, and remain loyal to our common Government, who should doubt for a moment that such a golden opportunity shall be offered in vain, or that one link shall be stricken from the chain of sympathy that should ever bind us alike in interest, in body and soul, to that same benign and just Government ?

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" CONCLUSION.

" I have felt it my duty to urge upon your earnest consideration the sugges- tions and measures herein recommended; at the same time I felt that I would be wanting in proper respect to you were I to accompany each of these recommenda- tions with an assignment of all the reasons which might be urged in their favor. I am accountable to the Government of our common country for these recom- mendations. You too are accountable to the same tribunal and to your immediate constituents for the disposition that you make of them. It is your province and duty to consider and discuss them, and either adopt or reject them as your wis- dom shall determine.

" I desire to assure you, gentlemen, that nothing in my power shall be want- ing to demonstrate my honest regard for the interest and welfare of the people of this Teriitory. They deserve much at the hands of the Federal Government for their persevering industry ; and, so far as my humble efforts may contribute to that end they shall never be wanting. No matter what differences of opinion may exist between us on many subjects, I will endeaver to convince you of my sincerity by the uprightness of my conduct, and shall always be satisfied with the discharge of my official duties, when I know that they stand approved by the general voice of the people.

" May each one of you be clothed with wisdom from on high, in the dis- charge of the important duties which devolve upon you, and may your delibera- tions be such as not only to secure the lasting peace, happiness and prosperity of the people of this Territory, but also redound to the welfare and glory of our common county.

STEPHEN S. HARDING.

" Great Salt Lake City, U. T., December 8, 1862."

The reading of the message was listened to with great attention, and at its conclusion, the audience unmistakably indicated their uneasiness over the insult offered to their representatives, who had been forced to listen to its delivery by the Governor in person. There was one deep feeling of contempt manifest for its author. Mr. Carrington then alluded to the inconsistences of the Governor's professions and his actions. He said his Excellency reminded him of the man and his cow. He commenced with sweet apples and at every opportunity threw in the onions. The Governor commenced with admitting that the Constitution debarred him from interfering with their religious rights, and at every oppor- tunity throughout the message he attacked them. He said he would neither affirm nor deny with regard to the question of polygamy, yet at the same time, he held it up to ridicule and obloquy, and everywhere affirming that it was not only contrary to civilization, but anomalous, and that it could not be en- dured, was contrary to the law and unconstitutional, while at the same time he conceded that it was a religious rite and a matter of faith with the people. These were, he said, a few of the reasons which induced the Legislative Assembly to waive the complimentary publication of the message, in hopes that his Excel- lency might consider his folly, mend his ways and pursue the course which he promised in the latter part of his message ; but how consistently he had acted

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since that time, the audience would be able to judge after the reading of other documents during the meeting.

IMPORTANT DOCUMENTS FROM WASHINGTON.

Mr. Carrington then read correspondence from Hon. John M. Bernhisel, Delegate to Congress, and from the Hon. Win. H. Hooper, Senator-elect, in which the unjustifiable proceedings of Governor Harding and the Associate-Jus- tices Waite and Drake were exposed. Mr. Carrington read an extract from a letter, dated Washington, 22d January, in which Governor Harding was repre- sented to have communicated to the Hon. Hannibal Hamlin, Vice-President of the United States and President of the Senate, his message, accompanied by a letter stating that the message had been suppressed through the influence of one of our prominent citizens, referring, unquestionably, to Governor Young. The following is the last paragraph of the letter referred to :

" I entertain strong hopes that we shall be able to obtain, before the termi- nation of the session, an appropriation to liquidate your Indian amounts, unless prevented by Governor Harding's insinuation of the disloyalty of our people."

The following is an extract from a letter, dated Washington, February, 1863 : "On the 11th of December last, Senator Browning introduced a bill in the Senate, which was referred to the Committee on the Judiciary. This bill was pre- pared at Great Salt Lake City, and its enactment by Congress, recommended by Governor Harding and Judges Waite and Drake. The leading and most exceptional features of this bill are the following: Ist: It limits the jurisdiction of the Pro- bate Court to the probate of wills, to the issue of letters of administration and the appointment of guardians. 2: It authorizes the Marshal to summon any persons within the district in which the court is held that he thinks proper as jurors. 3 : It authorizes the Governor to appoint and commission all militia officers, including Major-General, and remove them at pleasure. It also confers on the Governor authority to appoint the days for training."

On the 27th of January, the Hon. Wm. H. Hooper writes from Washington that " Governor Harding is, of course, doing all he can by letters " against the people of Utah. His letter was chiefly occupied with the bill presented by Mr. Browning. The Senator's letter was entirely confirmatory of those from the pen of our Delegate. He says :

" The bill has been presented, and referred back. There does not appear to have been any action on it. It has not been printed ; should it be, I will forward a copy. The bill was drawn up at Salt Lake City, and attached with eyelets. Also attached was as follows: "The bill should be passed." Signed : S. S. Harding, Governor ; Waite and Drake, Associate Justices."

The reading of these extracts created quite a sensation. When the insinuation of the disloyalty of the people was read, there was a loud murmur of dissatisfaction throughout the audience. Mr. Carrington's sarcastic reference to the Governor's promise "to help us" and his allusion to His Excellency's private room being a new place for drafting bills for the action of Congress, had a telling effect upon the meeting.

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SPEECH OF HON. JOHN TAYLOR.

After the applause had subsided, which greeted his rising, Mr. Taylor said, " It has already been stated that these documents speak for themselves. They come from those who are ostensibly our guardians and the guardians of our rights. They come from men who ought to be actuated by the strictest principles of honor, truth, virtue, integrity, and honesty, and whose high official position ought to elevate them above suspicion, yet what are the results ?

" In relation to the Governor's Message, enough perhaps has already been said. We are not here to enter into any labored political disquisitions, but to make some plain matter-of-fact statements, in which are involved the vital interests of this com- munity. There is one feature, however, in that document which deserves a passing notice. It would seem that we are by direct implication accused of disloyalty. He states that he has not heard any sentiments expressed, either publicly or pri- vately, that would lead him to believe that much sympathy is felt by any consid- erable portion of this people in favor of the Government of the United States. Perhaps we may not be so blatant and loud-spoken as some people are ; but is it not patent to this community that the Legislature, during the session of 1861-2, assumed the Territorial quota of taxation, and at the very time that his Excel- lency was uttering this infamy, a resolution passed by the House, lay on the table, requesting the secretary to place a United States flag on the State House during the session. This was a small affair, yet significant of our feelings.

" It is not a matter of very grave importance to us generally what men may think of us, whether they be Government officials or not ; but these allegations assume another form, and their wickedness is now rendered vindictive from the peculiar circumstances in which our nation at the present time is placed. When treason is stalking through the land, when all the energies, the wealth, the power of the United States have been brought into requisition to put down rebellion, when anarchy and distrust run riot through the nation ; when, under these cir- cumstances, we had a right to look for a friend in our Governor, who would, at least, fairly represent us, we have met a most insidious foe, who, through base in- sinuations, misrepresentations and falsehood, is seeking with all his power, pri- vately and officially, not only to injure us before Government, but to sap the very foundations of our civil and religious liberty ; he is, in fact, in pursuit of his un- hallowed course, seeking to promote anarchy and rebellion, and dabbling in your blood. It is then a matter of no small importance (hear, hear). Such it would seem were Governor Harding's intentions when he read this message, such were his feelings when he concocted it. The document shows upon its face that it was not hastily written; it has been well digested and every word carefully weighed. It most assuredly contains the sentiments of his heart (hear, hear), of which his Washington letters are proof positive in relation to our alleged disloyalty.

" We are told about the generous reception of our senators-elect; of this we are most profoundly ignorant. Their reception was not so gracious as he would represent. He labors under error, for which we do not feel to reproach him; but what are we to think of his official letters to Washington ? They are facts. What of his gracious acts of kindness to this people and to their representatives. From the statements of our representatives in Congress, he is the most vindictive

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enemy we have. The only man, it would seem, who is insidiously striving to sap the interests of the people, and to injure their reputation, yet he is our Governor, and professes to represent our interests and to feel intensely interested in our wel- fare. Let us investigate for a short time the results of his acts, should his designs be successful, leaving the allegations of treason out of the question.

" We have been in the habit of thinking that we live under the auspices of a republican government; that we had the right of franchise ; that we had the privi- lege of voting for whom we pleased, and of saying who should represent us; but it may be that we are laboring under a mistake, a political illusion. We have thought too that if a man among us was accused of crimes, that it was his privi- lege to be tried by his peers ; by people whom he lived among, who would be the best judges of his actions. We have farther been of the opinion that, while act- ing in a military capacity, when we were called to muster into service, to stand in defence of our country's rights, we had a right to the selection of our own officers. It is a republican usage-we have always elected our own militia officers ; but if the plotting of Governor Harding and our honorable Judges should be carried into effect we can do so no more; we shall be deprived of franchise, of the rights of trial by an impartial jury, and shall be placed in a military capacity, under the creatures of Governor Harding or his successors' direction ; in other words, we shall be deprived of all the rights of freemen, and placed under a mili- tary despotism; such would be the result of the passage of this act. Let us examine it a little. An act already framed by the Governor and Judges, passed in the congress of Governor Harding's sitting room, is forwarded to Washington with a request that it be passed. Now suppose it should, what would be the result? As I have stated, we suppose that we possess the rights of franchise; that is a mistake, we do not, we only think we do. The Governor has already taken that from us. How so? Have we not the privilege of voting for our own legis- lators, our own representatives in the Legislative Assembly? Yes. But the Gov- ernor possesses the power of veto. This old relic of Colonial barbarism ingrafted into our Territorial organization was always in existence among us, but never was so foully abused as in the person of our present Governor; he has done all he could to stop the wheels of government, and to produce dissatisfaction, and has exercised his veto to the fullest extent of his power. As an instance of this, there were twenty laws passed the Legislative Assembly, only six of which are approved ; two of those were resolutions, one changing the place of meeting from the Court House to the State House, and the other the adjournment to next session. The other four are matters of minor importance, while everything con- nected with the welfare of the community, fourteen acts, are just so much waste paper. Now, I ask, where is your franchise? In Governor Harding's pocket, or stove.

" Again, in regard to juries, already referred to, you know what the usage has been, in relation to this matter. Governor Harding and the Judges want to place in the hands of the United States Marshal the power of selecting juries whom he pleases, no matter whither they come, or who they are. This is what our honorable Judges and Governor would attempt. Your liberties are aimed at, and your rights as freemen; and then, if you do not like to be disfranchised, and

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your liberties trampled under foot by a stranger-if you do not like to have blacklegs and cutthroats sit upon your juries. Mr. Harding wants to select his own military, and choose his own officers to lead them, and then if you will not submit, ' I will make you' [voices all over the house, 'Can't do it,' with loud applause.] We know he cannot do it, but this is what he aims at. [Clapping and great applause.] When these rights are taken from us, what rights have we left ? [Cries of ' None.'] It could scarcely be credited that a man in his posi- tion would so far degrade himself as to introduce such outrageous principles, and it is lamentable to reflect upon, that men holding the position of United States' Judges could descend to such injustice, corruption and depravity [applause]. These things are so palpable that any man with five grains of common sense can comprehend them ; ' he that runneth may read.' It is for you to judge whether you are willing to sustain such men in the capacity they act in or not. [One unanimous cry of ' No!' and loud clapping].

"GOVERNOR YOUNG'S SPEECH.

" On Governor Young responding to the invitation to address the meeting, and approaching the speaker's desk, he was greeted with prolonged deafening ap- plause. He stated that he had no intention of delivering a lengthy address, but while he spoke he would solicit the quiet of the assembly. He knew well the feelings of his auditory ; but would prefer that they should suppress their demon- strations of applause to other times and places, when they might have less busi- ness and more leisure. On the resumption of perfect silence, he said that they had heard the message of the Governor to the last Legislature of Utah. They would readily perceive that the bread was buttered, but there was poison under- neath. It seemed to him that the enemies of the Union, of the Constitution and of the nation, were determined to ruin if they could not rule. A foreseeing person might suppose that they conspired to bring about a revolution in the west, so as to divide the Pacific from the Atlantic States, for their acts tended to that end. He believed that no true Democrat, no true Republican desired to see the nation distracted as it now was, but the labors of fanatics, whether they had plans which they comprehended or not, were in that direction. When Governor Hard- ing came to this Territory last July, he sought to ingratiate himself into the es- teem of our prominent citizens, with whom he had early intercourse, by his pro- fessed friendship and attachment to the people of Utah. He was then full of their praises, and said that he was ready to declare that he would stand in the de- fense of polygamy, or he should have to deny the Bible, and that he had told the President of the United States before he left Washington, that if he was called upon to agitate the question, he would haveto take the side of polygamy, or he should have to renounce the Bible. He said, in the Bowery, on the 24th of July, and at other places and at other times that if he ever learned that he was obnox- ious to the people, and they did not wish his presence, he would leave the Territory.

[Voices everywhere, ' He had better go now.']

" He was not aware whether the two Associate Judges were tools operating with him, or whether they knew no better. The success sought in their schemes was the establishment of a military government over the Territory, in the hopes

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of goading on the people to open rupture with the general government. Then, they would call out that Utah was disloyal ! He was aware that nothing would please such men better than the arrest of all progress Westward ; they would, no doubt of it, be delighted to see the stoppage of travel across the plains and all intercourse by mail or telegraph destroyed. Any amount of money had been employed by parties interested in mail transportation and passenger travel to the Pacific, by way of Panama, to destroy the highway across the plains; and there were men among them not above operating to the accomplishment of that end, under the pretence of other purposes.

" He then alluded to the law that was drafted in this city and sent to Wash- ington for adoption by Congress, to take from the people their rights as free American citizens, and portrayed the despotism that would follow placing the power of selecting jurors in the hands of a United States Marshal. Any such power could in the hands of designing men, destroy and subvert every right of free citizens. For that purpose, any class of disreputable men could at any time be imported into the Territory, and with a residence of a few hours be the ready tools for the accomplishment of any purpose. When their rights and the protec- tion of their liberties were taken from them, what remained ? [Voices, 'Nothing, nothing.'] Yes, service to tyrants, service to despots !

" He concluded his address by expressing that his feelings were that the nation might be happy and free as it had been, and exhorted the people to be true to themselves, to their country, to their God, and to their friends. Gov- ernor Young resumed his seat amidst great applause and cheering.

" Wm. Clayton, Esq., then read the following

' 'RESOLUTIONS :

" Resolved, That we consider the attack made upon us, by his Excellency Governor Harding, wherein our loyalty is impugned, as base, wicked, unjust and false ; and he knew it to be so when uttered.

" Resolved, That we consider the attempt to possess himself of all military authority and dictation, by appointing all the militia officers, as a stretch at mili- tary despotism hitherto unknown in the annals of our Republic.

" Resolved, That we consider his attempt to control the selection of juries, as so base, unjust and tyrannical, as to deserve the contempt of all freemen.

" Resolved, That we consider the action of Judges Waite and Drake, in assisting the Governor to pervert justice and violate the sacred palladium of the people's rights, as subversive of the principles of justice, degrading to their high calling, and repulsive to the feelings of honest men.

" Resolved, That we consider that a serious attack has been made upon the liberties of this people, and that it not only affects us as a Territory, but is a di- rect assault upon Republican principles, in our own nation, and throughout the world .; and that we cannot either tamely submit to be disfranchised ourselves, nor witness, without protest, the assassin's dagger plunged into the very vitals of our national institutions.

" Resolved, That while we at all times honor and magnify all wholesome laws of our country, and desire to be subservient to their dictates and the equitable

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administration of justice, we will resist, in a proper manner, every attempt upon the liberties guaranteed by our fathers, whether made by insidious foes, or open traitors.

" Resolved, That a committee be appointed, by the meeting, to wait upon the Governor and Judges Waite and Drake, to request them to resign their offices and leave the Territory.

" Resolved, That John Taylor, Jeter Clinton and Orson Pratt, Senior, be that committee.

" Resolved, That we petition the President of the United States to remove Governor Harding and Judges Waite and Drake, and to appoint good men in their stead.

" The Chairman called upon the meeting for an expression of their wishes and the building rang with a glorious ' Aye' for their adoption.

" The following petition was likewise read and committed to the people for their action :

THE PETITION TO PRESIDENT LINCOLN.

" To his Excellency, Abraham Lincoln, President of the United States :

"SIR-We, your petitioners, citizens of the Territory of Utah, respectfully represent that :

" Whereas, From the most reliable information in our possession, we are sat- isfied that his Excellency Stephen S. Harding, Governor, Charles B. Waite and Thomas J. Drake, Associate Justices, are strenuously endeavoring to create mis- chief and stir up strife between the people of the Territory of Utah and the troops now in Camp Douglas (situated within the limits of Great Salt Lake City,) and, of far graver import in our Nation's present difficulties, between the people of the aforesaid Territory and the Government of the United States.

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History of Salt Lake City, Part 40

Author: Tullidge, Edward Wheelock Publication date: 1886 Publisher: Salt Lake City, Star printing company Number of Pages: 1194

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194